Marijuana Defense Lawyer

Marijuana Defense Lawyer NYC

Cannabis is the most commonly used substance in New York City that is also illegal to possess under federal and, in more cases, state law. As of 2014, New York State is developing rules that will lead to the legalization of small amounts of non-smokable medical marijuana for certain patients.

Charges relating to marijuana can include possessing a small amount, which is a non-criminal violation, to trafficking, which is a serious felony carrying a mandatory minimum prison sentence. Even minor offenses, though, should be taken seriously. For any accusation, your best strategy is to contact a skilled marijuana defense attorney to represent you.

NYC Marijuana Defense Lawyer

At Greco Neyland, PC, we represent clients on any charge relating to cannabis, from non-criminal violations to felonies. We will thoroughly investigate the circumstances of your arrest and challenge the evidence prosecutors bring forward, seeking to have charges reduced or dismissed. We have worked as prosecutors, so we understand both sides of the criminal courtroom and will put that knowledge to work for you.

Call us today at (212) 951-1300 to schedule a free consultation with a Manhattan marijuana defense lawyer. We also represent clients in Brooklyn (Kings County) as well as all other boroughs in the New York area.

New York Marijuana Defense Information Center

Charges for Possession of Cannabis

While it remains illegal to possess marijuana under New York law, possession of a small amount, less than 25 grams, outside of “plain view” is no longer a criminal offense. It is instead a “violation.”

An officer will issue a “desk appearance ticket” (DAT) instead of arresting a person accused of possessing this amount of marijuana. The ticket will give a date by which the person ticketed must respond. If they do not respond by that date, a warrant will be issued for their arrest. Even for a DAT, you will need a qualified defense attorney to help you out. Do not try to handle it yourself.

Penalties for these offenses may seem light: $100 for a first offense, $200 for a second, $250 and up to 15 days in jail for a third or subsequent offense. However, there are hidden penalties. The offense will stay on your record, and could have a profound effect on people with professional licenses and students seeking financial aid.

Many people are eligible for an Adjournment in Contemplation of Dismissal (ACD). With an ACD, you may perform some community service hours and pay a fine, and the violation is dismissed. We can negotiate with prosecutors for an ACD if that is your best course of action to take on your particular case. However, an ACD is not an automatic. A skilled defense attorney must still negotiate to obtain an ACD, if this is the plan for your case. It will not be offered just because.

If the possession is alleged to be in “plain view,” (i.e. you are accused of smoking a joint in public) you will face class B misdemeanor charges. The same applies if you are alleged to have between 25 grams and two ounces. These charges can result in up to 3 months in jail or a year of probation, and a fine of $250. Two to eight ounces is a class A misdemeanor.

Possession of more than eight ounces, or a half-pound, is a felony. The classifications for marijuana possession offenses in New York are as follows:

Criminal Possession of Marihuana in the Fifth Degree, New York Penal Law § 221.10 — It is a Class B misdemeanor if a person knowingly and unlawfully possesses more than 25 grams but less than two ounces of marijuana

Criminal Possession of Marihuana in the Fourth Degree, New York Penal Law § 221.15 — It is a Class A misdemeanor if a person knowingly and unlawfully possesses more than two ounces but less than eight ounces of marijuana

Criminal Possession of Marihuana in the Third Degree, New York Penal Law § 221.20 — It is a Class C felony if a person knowingly and unlawfully possesses more than eight ounces but less than 16 ounces of marijuana

Criminal Possession of Marihuana in the Second Degree, New York Penal Law § 221.25 — It is a Class D Felony if a person knowingly and unlawfully possesses more than 16 ounces but less than 10 pounds of marijuana

Criminal Possession of Marihuana in the First Degree, New York Penal Law § 221.30 — It is a Class C felony if a person knowingly and unlawfully possesses more than 10 pounds of marijuana

Charges for Marijuana Distribution

While the possession of marijuana has been decriminalized to a certain degree, the sale has not. Similar to possession, criminal charges for marijuana distribution is determined by the weight of the cannabis sold.

“Selling” less than two grams is a class B misdemeanor if done without consideration; in other words, if the accused receives no money. This is essentially a penalty, in many cases, for giving away a joint. Selling anything less than 25 grams is a class A misdemeanor.

Anything beyond 25 grams is a felony. Felony charges may also be brought if you are accused of selling any amount of marijuana to a minor, with a minimum sentence of a year in jail and a potential of two and a half years in prison.

Operating as a “major trafficker” is a felony with a mandatory minimum sentence of 15 years in prison. A person may be a major marijuana trafficker if he or she made $75,000 in proceeds or more in a year or less. The classifications for offenses involving the sale of marijuana in New York are as follows:

Criminal Possession of Marihuana in the Fifth Degree, New York Penal Law § 221.10 — It is a Class B misdemeanor if a person knowingly and unlawfully sells two grams or less of marijuana or one cigarette containing marihuana

Criminal Possession of Marihuana in the Fourth Degree, New York Penal Law § 221.15 — It is a Class A misdemeanor if a person knowingly and unlawfully sells more than two grams but less than 25 grams of marijuana

Criminal Possession of Marihuana in the Third Degree, New York Penal Law § 221.20 — It is a Class C felony if a person knowingly and unlawfully sells more than 25 grams but less than four ounces of marijuana

Criminal Possession of Marihuana in the Second Degree, New York Penal Law § 221.25 — It is a Class D Felony if a person knowingly and unlawfully sells more than four ounces but less than 16 ounces of marijuana, or if he or she knowingly and unlawfully sells marihuana to a person less than 18 years of age

Criminal Possession of Marihuana in the First Degree, New York Penal Law § 221.30 — It is a Class C felony if a person knowingly and unlawfully sells more than 16 ounces of marijuana

State of Medical Marijuana in New York

Gov. Andrew Cuomo signed the Compassionate Care Act, legalizing medical marijuana in certain circumstances, in July 2014. The New York State Department of Health is currently in the process of implementing the program, including promulgating rules. Until this process is complete, marijuana remains illegal.

The law will provide people with certain conditions who go through the proper processes to acquire a 30-day supply of marijuana. Smoking the marijuana will not be an approved method of ingesting it.

Once the implementation process is complete, marijuana will still be illegal if not obtained through the program. This includes medical cannabis obtained in other states. If, for example, you obtain medical marijuana in New Jersey and then cross the Lincoln Tunnel into Manhattan, you could be arrested for possession.

New York City Marijuana Crime Resources

National Organization for the Reform of Marijuana Laws (NORML) — This website contains information about all of New York’s laws and penalties for marijuana offenses including possession, sale, trafficking, cultivation, and paraphernalia. There is also information about other legal issues, new releases, and ways to take action.

Marijuana Policy Project (MPP) — This organization works toward reforming marijuana laws across the United States, including lobbying Congress for legislation to replace prohibition and allow seriously ill patients to use medical marijuana.

Marijuana Attorney in NYC – Greco Neyland, PC

Do not take any New York City marijuana charge lightly, even a ticket (DAT). By looking carefully at the details surrounding your arrested, we may determine that the marijuana may have been found as the result of an illegal search or seizure. If the cannabis is suppressed as evidence, there’s a good chance your charges could be dropped. Call us today at (212) 951-1300 to schedule a free consultation.

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I'm just going to start this review by saying Jeff Greco is amazing attorney. I have absolutely no complaints about the service he provided me. He was knowledgeable, available at all times and very understanding. I can tell Jeff Greco actually cared about me and the situation I was going through. He seemed well connected and respected in the court system community and got my case dropped from a DWI charge to a violation very swiftly. I was going through financial problems, he not once pressured me about payments. Again not only is he an Amazing attorney but also an AMAZING human being. I would recondmend Mr. Jeff Greco to anyone! -Anthony Vargas

2 years ago I was charged with a crime "cash smuggling " I made the mistake of not reporting the amount of cash I was taking out of the USA . Prior to that I've never committed a crime , not even a traffic ticket on my record. So you can imagine what I felt that day that I was arrested. I've never been in a trial before , I didn't know who to call, I didn't know any lawyers in this type of case. Thank God my sister in law worked in a attorneys office so she ask her boss (attorney) if she knew somebody GOOD In this type of cases. Her boss automatically said he needs somebody with power and with a good record -MR. Jeffery L. Greco (Jeff) . Having Jeff by my side was the Best decision I've made in my life. The level of professionalism and caring of this man is Amazing . I've always heard that lawyers are just interesting in the money , it wasn't the case with "Jeff " he wanted me free, he wanted me to keep my job and enjoyed the freedom with my family . He kept money to the side , he worked with me, with my situation , and he was never intimidated by the Judge. I can not stress enough how he treated me through out the entire case, so much respect . I don't know much lawyers, but He is the one you want to defend you. I didn't step a foot in jail, i was able to keep my job, and now I'm enjoying freedom. Jeff and I still text each other here and there , is like we're family , i consider him my friend. I owed my life to this man, best attorney ever. Jose L Cabrera .

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I was facing 20 years to life for a federal conspiracy case. Jeff push for a speedy trail the goverment came down to ten years it being is one time deal offer then came down to three years and finally a week before trial try to change my trial date. Jeff wrote a letter apposing this adjourment which the judge apposed. Two weeks later jeff walk me out from jail with time served. Till this day i can text him and he will answer me jeff is like a friend that i owe my life to. From my experience being in federal jail most attorney wont fight for you because the federal govement is unbeatable the only thing he ask for was for the truth which i did tell him and he took it from there . Thank you jeff

Jeff Greco is a wonderful attorney! He took my case and worked it very hard, he also supported me so much, explaining to me the details. He did exactly what he promised. The case didn't go to trial. Thank you Jeff!!!I strongly recomend this highly professional, wonderful attorney!

The best of the best!!!! I had bad blood with neighbors that lasted many years, which led to me being accused of vandalizing their car. I have no criminal history at all by the way. i found out that i had to turn myself in, so before i did i called up Jeff Greco late at night. he returned my phone call early the next morning and had a meeting. He got in touch with the detective and got me a DAT. I didn't have to step one foot in a jail cell for something i never did. throughout the course of the case his team was excellent. i couldn't of asked for anything more . During the case i was being accused again of vandalizing their car on two other occasions, which led to more adjournments. Anytime i was worried about something that had to do with the case, Jeff was there, he was straight didn't sugar coat anything and was persistent. I finally got an ACD pretty quickly considering the false accusations and I owe it all to Greco and his team of amazing lawyers. He made me feel protected and well defended during a not so wonderful time in my life.

When I was charged with a federal case - I thought the world was slipping away. I was referred to Greco Neyland by a friend and was cautiously guided through my case and what to expect. Jeff was calm throughout and this went a long way.

At first I thought my arrest for DWI wasn’t a big deal, but my DWI case escalated because of separate charges for reckless driving and refusing a breathalyzer test. Just before my court hearing, I knew I needed an attorney – fast! Jeff Greco was quick to help explain the DWI process, put together a defense, and explain everything along the way.

From the start, my experience with Jeff was professional, but personal. In handling my federal criminal case, Jeff used discretion and took confidentiality seriously. It really built trust in a complicated legal situation. It was the scariest time of my life, and Jeff was able to keep me out of prison. I owe him more than words can describe!

Jeff Greco managed to achieve a great outcome in my husband’s criminal case. Before contacting the firm, we were incredibly worried about going to dealing with the prosecutors and going to trial – especially because the arraignment was overwhelming enough. But Jeff was confident from the start, and our family couldn’t be more grateful for his work. My husband has put this horrible chapter of his life behind him thanks to Jeff!

Last year, I was charged with domestic violence (all made up lies), and spent weeks trying to argue there wasn’t any truth to the accusations. I hired Jeff Greco because he was the first one who actually believed me. He not only convinced everyone involved that I was innocent, but gave me an opportunity to tell my side of the story. I’m still grateful for all of their help. I moved on with my life and I don’t have a criminal record either! Jeff got my case dismissed b/c he believed in me and showed the DA I didn’t do anything wrong.

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Jeff Greco is a NYC lawyer that understands the importance of communication and a fast response. As a client, the last thing I want is to spend days or a week waiting to hear from my lawyer. Jeff Greco called me immediately and gave me his cell phone. He took my calls when I needed to be calmed down or if I had pressing questions. All of my questions were answered and I never felt forgotten or neglected. I knew Jeff was on top of my defense at all times!

I had a lot of cost concerns hiring a private defense attorney. I worried about taking a part-time job to cover the expenses and dreaded that first bill for my defense, but with Jeff Greco I didn’t need to worry. The lawyers I worked with were constantly aware of my cost limitations and keeping the expenses as reasonable as possible, He is not cheap...but he made it work for us in our situation. Plus, everyone I spoke to in the office was willing to answer my questions or send an email. I couldn’t have asked for a better lawyer during a difficult time in my life.

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I felt like Jeff Greco really took care of me and he was concerned with the outcome of my case. He was very detailed - he asked a lot of questions about what happened before and after my arrest in NYC and a lot of other things. I hope I never go through a criminal case again. I would recommend Jeff Greco to anyone of my friends.

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